TERMS OF SERVICE
Moneythink Website & DecidED Terms of Service
Last Updated: October 21, 2020
- Acceptance of the Terms of Service
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of Moneythink (“we,” “us,” or “our”) Services, whether as a guest or a registered user.
“Services” means any website owned or controlled by Moneythink (each, a “Website”), including the Websites found at https://moneythink.org and https://decided.org, along with any and all content, features, functionality, and services offered on or through a Website, including the DecidED award comparison tool (“DecidED”) and the DecidED Services (as defined in Section 16).
IF ANY OF THESE TERMS OF SERVICE, OR ANY FUTURE CHANGES, ARE UNACCEPTABLE TO YOU, YOU MAY DISCONTINUE YOUR USE OF THE SERVICES. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS OF SERVICE, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS, CHANGES, OR MODIFICATIONS. IF YOU HAVE A PAID SUBSCRIPTION, TO CANCEL YOUR SUBSCRIPTION SEND AN E-MAIL TO: firstname.lastname@example.org.
The Services are offered and intended for users located in the United States, and are not intended for use by children under the age of 13. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Services, you affirm that you are at least 13 years old.
- Children Under 13 and Parental Controls
This Section applies only to children under the age of 13 and supplements the other provisions of this Terms of Service. We cannot prevent minors from accessing the Services and must rely on parents and guardians to decide what materials are appropriate for children. There are parental control protections (such as computer hardware, software or filtering services) available that may assist you in limiting access to material that is harmful to minors. You can find information about parental controls at https://onguardonline.gov. We do not endorse the products or services listed at that site.
If we discover that we have inadvertently collected personal information from a person under the age of 13, or if we are provided with a verifiable parental request, we will delete the child’s information.
- Changes to the Terms of Service
We may, in our sole discretion, modify or revise these Terms of Service at any time. Such changes or updates are effective immediately after we give notice of the change or update, which we may do by revising the “Last Updated” date of these Terms of Service or by otherwise posting to the applicable Website and/or DecidED, or by email, conventional mail and/or by any other means that provides reasonable notice. If registered with the Services, you must provide us with your correct email address and make sure that email from Moneythink is not filtered from your inbox by your ISP or email software. You agree that your use of the Services, after the date any such notice is posted or that you otherwise receive notice, means that you accept and agree to be bound by such modifications or revisions to these Terms of Service. You are responsible for checking this page from time to time so that you are aware of any changes, as they are binding on you. You agree that we shall not be liable to you for any damages that might result from any changes to these Terms of Service.
- Accessing the Services and Account Security
We reserve the right to modify or terminate all or any part of the Services at any time, and any service or material provided in connection with the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Services to users, including to registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Services; and
- Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Service and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions thereof using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any account or any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
- Intellectual Property Rights
“Intellectual Property Rights” means all rights, whether registered or unregistered, in all jurisdictions throughout the world, in patents, inventions, trade secrets, confidential or proprietary information, data and collections of data, copyrights, software and other works of authorship, domain names, trademarks, trade names, service names, slogans, logos and other designations of origin, all registrations and applications for registration of any of the foregoing, and all other forms of intellectual property or proprietary rights.
The Services, all underlying algorithms and software and software tools, and all domain names, trademarks, trade names, service names, logos, and other designations of origin, whether registered or unregistered, that are used or displayed in connection with the Services, including but not limited to the “Moneythink” trademark (collectively, the “Moneythink Marks”), and all Intellectual Property Rights in all of the foregoing, are owned by Moneythink or its affiliates, unless otherwise indicated, and are protected by United States and international copyright, trademark, patent, trade secret, and other Intellectual Property Rights laws. You agree that you will not use or reproduce the Moneythink Marks without our prior written consent. All other names, logos, product and service names, designs, and slogans displayed in connection with the Services are the trademarks of their respective owners.
You may use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material provided in connection with our Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your Web browser for display enhancement purposes;
- You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided that you agree to be bound by our end user license agreement for such applications; and
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site;
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or
- Access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
If you wish to make any use of material provided through the Services other than as set forth in this Section 5, please address your request to: email@example.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Service, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies you have made of materials provided through the Services. No right, title, or interest in or to the Services or any content provided in connection with the Services is transferred to you, and all rights not expressly granted are reserved by Moneythink. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
From time to time, you may provide feedback, suggestions, or other ideas about the Services or other Moneythink materials provided by Moneythink to you (collectively, “Feedback”). In consideration of your use of the Services, you agree that Moneythink shall own all Feedback and associated Intellectual Property Rights, whether provided orally or in writing, and you hereby assign all right, title, and interest (including all Intellectual Property Rights) that you have or may have in Feedback to Moneythink, and agree to take such actions and to execute such documents as reasonably requested by Moneythink to confirm, convey, record, or otherwise effectuate Moneythink’s sole ownership of the Feedback.
- Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for Personally Identifiable Information, or otherwise;
- To send, knowingly receive, upload, download, process, use, or re-use any material which does not comply with the Content Standards set forth in Section 9 below;
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation;
- To impersonate or attempt to impersonate Moneythink, a Moneythink employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or social media handles associated with any of the foregoing); or
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Moneythink or users of the Services or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real-time activities through the Services;
- Use any robot, spider, or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material provided in connection with the Services;
- Use any manual process to monitor or copy any of the material provided in connection with the Services, or for any other unauthorized purpose, without our prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Services;
- Attempt to disassemble, decompile, or reverse engineer any of the Services;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services;
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere with the proper working of the Services.
- Interactive Services
The Services contain interactive features (“Interactive Services”) that allow users to submit, or transmit to other users or other persons, content or materials (e.g. financial aid award letters) (such content and materials, “User Contributions”) in connection with their use of the Services. All User Contributions must comply with the Content Standards set forth below in Section 9.
You represent and warrant that:
- You own or control all rights in and to your User Contributions;
- You will not impersonate any person or entity, whether actual or fictitious, including any employee or representative of us, in connection with your User Contributions; and
- All of your User Contributions do and will comply with these Terms of Service.
You agree that you must evaluate and bear all risks associated with the use of any User Contributions, including any reliance on the accuracy, completeness, usefulness, non-infringement or legality of such User Contributions or other content not authored by Moneythink. We are not responsible for or liable to any third party for the content or accuracy of any User Contributions shared by you in connection with your use of the Services.
- Content Standards
These content standards (the “Content Standards”) apply to any and all of your User Contributions and your use of any Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. You agree to promptly inform Moneythink in the event that you receive notice or otherwise become aware that any User Contribution violates these Content Standards.
Without limiting the foregoing, User Contributions must not:
- Contain any information that (i) relates to the past, present, or future physical or mental condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual, and (ii) identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual;
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote or assist any unlawful act;
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, defame, alarm or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Reliance on Information Posted
The information presented by the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Moneythink, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Moneythink. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Changes to the Services
We may update the functionality, content, or services provided in connection with the Services from time to time, but the Services are not necessarily complete or up-to-date. Any of the material provided in connection with the Services may be out of date at any given time, and we are under no obligation to update such material.
- Information About You and Your Visits to the Services
- Other Terms and Conditions
Additional terms and conditions may also apply to specific portions, services, or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
- Linking to the Services and Social Media Features
You may link to the homepage of a Website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Services may provide certain social media features that enable you to:
- Link from your own or certain third-party Services to certain content provided in connection with the Services;
- Send e-mails or other communications with certain content, or links to certain content, provided in connection with the Services; or
- Cause limited portions of content provided in connection with the Services to be displayed or appear to be displayed on your own or certain third-party Services.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any Services that is not owned by you;
- Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site;
- Link to any part of the Services other than the homepage; or
The websites from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set forth above in Section 9.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
- Links from the Services
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.
You agree that, as between you and Moneythink, Moneythink owns and shall retain all rights, title, and interest (including all Intellectual Property Rights) in and to all de-identified, aggregated, or anonymized data created, derived, developed, or authored by or for Moneythink or any of its Partners based on or incorporating all or part of Your Data (“Moneythink Aggregated Data”). Neither Moneythink nor any of its Partners transfers or grants any rights, title, interest, or ownership of the Moneythink Aggregated Data, DecidED, or any modifications, enhancements, or derivative works thereof, or any Intellectual Property Rights, to you under these Terms of Service. To the extent that you may own any rights, title, or interest in any Moneythink Aggregated Data, you hereby assign all such rights, title, and interest (including all Intellectual Property Rights) to Moneythink. To the extent that any aspect of the foregoing assignment may be precluded by applicable law, you hereby grant to Moneythink and its affiliates, subject to applicable law, a royalty-free, perpetual, transferable, non-exclusive, worldwide license, with the right to sublicense, to use, copy, prepare derivative works of, publish, distribute, and, unless prohibited by applicable law, sell and otherwise commercially exploit any and all Moneythink Aggregated Data for any purpose. With respect to any Moneythink Aggregated Data and, to the extent permitted by applicable law, any of Your Data, the license granted under this Section 16 shall survive the expiration or termination of these Terms of Service for any reason, or if you cease to use the Services, and it is not terminable except with respect to those portions of Your Data that we must delete or remove pursuant to applicable law.
- Violations of These Terms of Service
We may investigate any violation of these Terms of Service, including unauthorized use of the Services. We may provide law enforcement with information you provide to us related to your interaction with the Services to assist in any investigation or prosecution of you or others. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms of Service. If we determine that you have violated these Terms of Service or applicable laws, rules, or regulations, or for any other reason or for no reason, we may cancel your account, delete all your User Contributions and prevent you from accessing the Services at any time without notice to you. If that happens, you may no longer use the Services. You will still be bound by your obligations under these Terms of Service. You agree that we will not be liable to you or any third party for termination of your access to the Services or any related information, and we will not be required to make the Services or any related information available to you.
- Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND DEFECTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, (I) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MONEYTHINK DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES AND THE SUBJECT MATTER OF THESE TERMS OF SERVICE, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, ADEQUACY, INTEGRITY, TIMELINESS, NON-INFRINGEMENT, TITLE, NON-INTERFERENCE, ERROR-FREE OR UNINTERRUPTED SERVICE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY BE IMPLIED FROM USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND (II) MONEYTHINK IS NOT PROVIDING ANY GUARANTEE REGARDING OUTCOMES OR RISKS, INCLUDING WITH RESPECT TO MONEYTHINK’S USES OF ALL OR PART OF YOUR DATA. MONEYTHINK HAS NO OBLIGATION TO CONFIRM THE ACCURACY OR COMPLETENESS OF ANY OF YOUR DATA.
- Limitation of Liability
Neither party shall be liable to the other party hereunder for any punitive, incidental, indirect, special, reliance, or consequential damages, or lost business, revenue, or profits, whether based on breach of contract, tort (including negligence) or otherwise, and regardless of whether the party was advised of the possibility of such loss or damages and notwithstanding the failure of essential purpose of any limited remedy under these Terms of Service. In no event shall Moneythink’s aggregate liability to you in connection with these Terms of Service or the Services exceed the greater of (i) one hundred dollars ($100) and (ii) the aggregate amounts paid by you to Moneythink hereunder.
- No Liability for Results Achieved from Use of the Services
Moneythink disclaims any contractual or other responsibility, liability, or duty of care to you based on the provision of the Services, your use of the Services, or any results or information generated thereby. You agree that Moneythink will not be responsible or liable for results obtained by you from the use of the Services, or any results or information generated thereby, and that Moneythink does not guarantee that by using the Services, or any results or information generated thereby, you will be able to achieve any particular result.
You agree to indemnify and hold harmless Moneythink, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any direct or third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and costs of settlement) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Services.
- Governing Law and Jurisdiction
All matters relating to the Services and these Terms of Service shall be governed by, and construed in accordance with, the laws of the State of California, without reference to conflicts of laws principles. The parties agree that the state and federal courts in California will have exclusive jurisdiction and venue under these Terms of Service, and the parties hereby agree to submit to such jurisdiction exclusively.
- Limitation on Time to File Claims
- Waiver and Severability
No waiver by Moneythink of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Moneythink to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held to be illegal, invalid, or unenforceable in any jurisdiction, such finding shall not affect the interpretation of the Terms of Service in any other jurisdiction, and the remainder of the Terms of Service shall continue in full force and effect in such jurisdiction as though such provision had not been contained herein.
- Force Majeure
Without limiting any provision of Section 18, we will not be responsible for any failure or delay in our performance under these Terms of Service due to causes beyond our reasonable control, including, but not limited to, labor disputes, strikes, lockouts, Internet or telecommunications failures, shortages of or inability to obtain labor, energy or supplies, war, terrorism, riot, acts of God or governmental action, pandemics (including the current and any future COVID-19 pandemic), epidemics, acts by hackers or other malicious third parties, and problems with the Internet generally, and such performance is excused to the extent that it is prevented or delayed by reason of any foregoing.
In the event an ambiguity or question of intent or interpretation arises under these Terms of Service, these Terms of Service shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of these Terms of Service. As used in these Terms of Service, the terms “include” and “including” shall be deemed to be immediately followed by the phrase “without limitation.” The terms “herein” and “hereunder” and similar terms shall be interpreted to refer to the entire Terms of Service. The captions and headings in these Terms of Service are inserted for convenience and reference only and in no way define or limit the scope or content of these Terms of Service and shall not affect the interpretation of its provisions.
- Entire Agreement
- Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: firstname.lastname@example.org
Thank you for visiting the Services.